WARDEN’S COURT, GOLDSBOROUGH.

Kumara Times, Issue 2109, 2 June 1883, Page 2

WARDEN’S COURT, GOLDSBOROUGH.

Thursday, May 31. [Before J. Giles, Esq., Warden.] SUITS. Martin v. Sell and Stephens.— Mr Byrne appeared for plaintiff; Mr Seddon for defendants. The plaintiff sued for trespass and damages, £3, done on and to his claim, situate near Stafford. The defendants pleaded a general denial, and contended that plaintiff had no legal right to the ground injured. During the hearing of the case it transpired that the Westland County Council had paid the sum of £2O to the plaintiff for ground registered in the name of Charles Stockman, and that the same ground the plaintiff sold to the County had been abandoned by Stockman in the year 1876. The taking of the evidence lasted about three hours and several nice law points were raised.—The Court decided that plaintiff’s right commenced in October last, that being the date on which he pegged the ground outside that sold to the county. The question of sale to the county was a matter between the county and plaintiff, and had no bearing on the case before the Court. The conduct of plaintiff as to maintenance of pegs, &c., had been such that he was not entitled to damage, except nominal. The verdict would be for plaintiff, Is damages ; each party to pay their own costs. Stephens and Sell v, Charles Stockman.—Mr Seddon for plaintiffs, who sued for cancellation of certificate for double-area 4121, on the grounds of non-renewal and abandonment. This claim included the ground disputed in the case Martin v. Sell and Stephens. The defendant declined to defend the action.—Verdict for plaintiffs ; certificate 4121 to be cancelled, and the plaintiffs declared first applicants for so much of the ground forfeited as they required for a special site for dam and tramways. Bassi and party v. Steel and party.— Mr Byrne appeared of behalf of plaintiffs; Mr Hannan for defendants.— The plaintiffs claimed £ll as damages done to a head-race at Italian Gully. Defendants pleaded a general denial. It transpired during the hearing of the case that plaintiffs’ right of water was from the south side of the Italian range, whereas the race was constructed and took water from the north side.—After evidence for the defence had been taken, on the application of defendants, the case was adjourned to give time for them to enter a suit for cancellation of plaintiffs’ rights. APPLICATIONS. William Linehan applied to register a dam on Tunnel Terrace.—Granted. William Linehan and William Roland applied to amalgamate their claims. The application was objected to by Bondaren and party, Mr Byrne appeared for applicants; Mr Seddon for the objectors. Mr Seddon contended that as the claims did not adjoin, that amalgamation could not take place, The Court held the objection to be fatal, and dismissed the application. James Francis applied for a dam at Callaghans.—Granted. William Lineham applied for a tailrace at Tunnel Terrace.—Granted. P. Sullivan applied for a residence area at Greenstone road, near the Big Dam track.—Granted. E. Griffith applied for a head-race at Maori Gully.—Granted.